By Halima Abdallah
Nov 20, 2003
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Good looks can bring you good fortune. But bad looks are even better, according to Justice Joseph Patrick Berko, 71. In his own words, he learnt at an early age that he is ‘ugly’.
“My parents decided to take me to school because I was ugly,” he said. “My older brother who was very handsome missed the chance because they believed that he would bring misfortune in the family as girls will follow him everywhere.” And Berko did not disappoint his parents. He attained the highest level of education in the family and assisted his siblings to scale some academic heights. Today, he is happy about his warts and all, so to speak. “Considering where I started from; a child of illiterate poor parents, I feel great. I never expected to achieve what I have achieved in life.” Back when he was a lad, he sought things that would help him ‘deal’ with his looks. Berko’s father had 25 children in all and they lived in remote Adangomeasi in Ashanti, Ghana. The family depended on cocoa for livelihood. He remembers some of his childhood moments as clearly as yesterday. In 1937 he joined Akuakrom Primary School near his home. The school had one teacher for three classes. Berko went up to Primary Three on his very first day at school! A teacher asked a question to which none of the pupils seemed to have an answer. From the back of the classroom, Berko raised his hand and gave the correct answer. The teacher was so impressed he promoted the smart chap to the next class. There, he was as impressive, and wound up in Primary Three. From there, the sky was the limit for Berko. He coasted through school, eventually studying law at Hull University in the United Kingdom from 1959-1962. Berko then returned to Ghana where he specialised in criminal law as a private lawyer. When President Yoweri Museveni took over power in Uganda in 1986, the country’s judiciary was suffering a shortage of skilled manpower. He appealed to the Commonwealth countries to send judicial officers to Uganda. It was Berko’s daughter, Doris who persuaded him to apply. He did successfully. Then Chief Justice Wako Wambuzi wrote him inviting him to start work at the High Court in Kampala. He arrived in Uganda in 1990 and has worked on the Bench from that year until his retirement in September. Upon arrival, Berko was appointed to head the Criminal Division of the High Court and he was immediately staggered by the backlog of cases. He had three months before the start of trials to read all the East Africa Law Reports and to acquaint himself with Uganda’s Penal Code. He describes this time as ‘hectic’. There were cases from all the districts around the country; for at the time the High Court was only sitting in Kampala. “There were cases that were recycling from one judge to another for the same reasons; lack of witnesses,” he said. “I called all the files from the districts and worked with the Director of Public Prosecutions, who withdrew charges and I set about 500 suspects free.” Sometimes he had to handle sensitive cases such as treason and high profile murders. One treason case he remembers involved eight suspects, some of whom were convicted. “It was a very sensitive case. Those I convicted were sent to jail, but I don’t know if they have been hanged already,” he said. The case was reported by the international media such as the BBC and when members of his family back in Ghana heard, they feared for his life. He says, “I was bold. I applied the law. I got satisfaction for my work. I thank government for not harassing me for my decision.” Throughout his career, Berko has been alarmed by the rate of defilement cases in the country. One case from Masaka involved a 3-year-old victim. “She was too young to testify in court or remember what happened to her,” he said. “The conviction was saved because the suspect was caught red-handed and made a confession to police.” Berko gave the defiler 21 years in jail – the equivalent of a life sentence – but the Supreme Court reduced it to eight. He said that the prescription of punishment for defilers is lax, unlike with other offences such as robbery and murder. Sometimes too, his decision was challenged, as was the case with John Nagenda vs The Monitor in 1995. He dismissed the case ‘basing on the law’. Berko recalls, “The Supreme Court upheld my decision, but criticised me for not using the facts of the case. From then I took a lot of time reading the facts of a case.” Berko worked with the High Court for seven years and was promoted to the Court of Appeal in 1997. In doing this, Chief Justice Wambuzi believed the good judge would have less work and a little time to relax. But this was not to be. Berko said he often worked at home up to about 4 a.m. As a judge he always found problems with lawyers who ‘beat about’ the issues. He would often interrupt such lawyers reminding them to ‘stick to the central issues’. “Some people said I would interrupt a lot. But I would go to court prepared; why do I waste time if you are swaying me here and there?” he queried. On the whole, however, he has had an enjoyable time in Uganda and does not regret leaving his country to come here. “I’m grateful for the opportunity accorded to me by the government of Uganda and to promote me to the level of a Court of Appeal judge,” he said. Berko will miss the friends he has made and the good climate. “Uganda has fantastic weather. I will miss it very much. Ghana at times can be very hot,” he said. Berko’s tenure as a judge was not without some bizarre incidents. He said that his usher-man (aide) once collected ‘contributions’ from people claiming that Berko’s mother had died. The judge got to learn of this when friends inquired about the burial arrangements. “I reported to CID and the fellow was nabbed in the act collecting the money. He was prosecuted and jailed for five years,” Berko said. In another incident, another usher-man hired for the judge a taxi that belonged to a suspect in an attempted murder case. The judge’s car was in the garage. The usher-man apparently knew the owner of the car. “When I handed the money to the driver he refused. I learnt that the car belonged to the suspect I was trying. I was disturbed. My usher-man was dismissed,” the judge said. Part of the challenge of being a judge is that you are constantly faced with the threat of being bribed or attacked. Because of this, judges do not socialise the way other professionals are wont to. They are advised to find some not-so-loud places to hang out; certainly not the likes of Ange Noir. There is also the challenge of impartiality. As a judge one is expected to approach a case without any preconceived ideas. So Berko always struggled to keep away from materials that could prejudice him. He would, for instance, never read high profile cases reported in the newspapers. He also never read the bills before Parliament. To become a judge, Berko said, requires a good and clear reputation while still practicing as a lawyer. He said that some lawyers are impatient to make ‘quick money’ and start their own firms. Berko feels contented with his life, professionally and personally. He has been married to Ms Margaret Berko since 1962, and the couple has three children. The older children are married with their own children. Berko has built houses in Adangomeasi in Ashante, and in Kumasi and Accra, to where he is planning to return soon. “The Accra house is giving me good money. I have not much to worry about. I shall live in my house in Kumasi when I leave Uganda,” he said. Then added, “I can then rest.” Berko is now waiting for his retirement package before he boards his flight home. He spends his time playing scrabble by himself, as his wife is not interested in the game. He takes a regular walk as part of exercise and cools down with a bottle of Guinness.
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© 2003 The Monitor Publications
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